Miquel Roldán's lawyer will take action against the unions: "They are cooperating in an action that violates the rule of law."

PalmThe lawyer for Miquel Roldán, a teacher convicted of harassing minors, has warned the unions that he will take legal action and will demand that those responsible be held accountable. They endorsed a forced psychological evaluation of their clientt. In a fax sent to the organizations on September 26, to which ARA Baleares has had access, the lawyer accuses the members of the Joint Committee of having acted outside the law and having violated Roldán's rights. "Given the seriousness of the events and the proven union participation, all administrative and judicial actions will be taken in defense of Miquel Roldán, requesting the responsibilities of both the Administration and the unions that, with their vote, made this action possible," it states.

The controversy dates back to September 22, when the Joint Committee—a body made up of unions and representatives of the Administration—agreed that the teacher, assigned to the CEIP Maria Antònia Salvà, should undergo a psychological evaluation to determine whether he was fit to teach. The proposal received the favorable vote of all seven representatives of the Administration and all unions, with the exception of UOB and USO, who abstained, and SIAU, who voted against. The decision was made following a particularly tense start to the school year at the school, during which families went on strike for nine days and kept their children away from school. However, that same morning, Roldán took sick leave, temporarily suspending the assessment until his return. Furthermore, the teacher could refuse to take it, as it is not mandatory. In that case, the Education Inspectorate would intervene, which could open a case or order precautionary measures.

In the burofax itself, the lawyer points out that the forced psychological evaluation constitutes a "serious violation of fundamental rights recognized in the Constitution and the Basic Statute of Public Employees." He refers to the right to personal privacy and the protection of health data, the right to physical integrity and dignity, the right to practice their profession without illegitimate or arbitrary restrictions, and the right to effective judicial protection. All of this, he says, was possible because "the possibility of adversarial defense prior to the adoption of the measure" was denied.

Workers' Rights

Roldán's representative states that, by voting in favor of the evaluation, they have "decisively" contributed to the implementation of an administrative action "tainted by misuse of power." He explains that mandatory health surveillance can only be imposed "in very specific cases and upon prior individualized motivation, medical justification, and consideration of the balance between the protection of collective health and the fundamental rights of the worker." "None of these requirements are met in the decision adopted by the Joint Committee," states

. The defense accuses the unions of having actively participated and supported the measure without demanding objective information, individualized reports, or legal or procedural guarantees. "This makes them necessary collaborators in an action that exceeds the legal framework and violates basic principles of the rule of law," he notes. The fax strongly questions the role of the organizations in any case in Roldán. "You have a duty to ensure legal guarantees, equity, and the protection of the individual and collective rights of teaching staff. At least on this occasion, you have facilitated an administrative action that violates fundamental rights and could set a precedent for the entire staff," the lawyer states. Therefore, the letter concludes, the defense asks the unions to reconsider their position, publicly state their commitment to the law and the fundamental rights of teaching staff, and to "adopt the necessary measures to prevent the recurrence of similar situations, actively exercising an oversight role and guaranteeing the rights of public employees."

Normality at the CEIP Maria Antònia Salvà

Meanwhile, at the Maria Antònia Salvà Primary School, students have returned to the classroom as usual. However, the school's Family Association (AFA) is pursuing legal proceedings with the aim of removing Roldán not only from the school, but also from teaching. "We don't want him to go to any school," say family sources. It's worth remembering that last year, Roldán also had problems at the Gabriel Janer Manila Primary School, where he had met the young man who reported him. The families were not comfortable with his return to school, and Educació sent an extra teacher to monitor Roldán at all times. The same measure was proposed this year to Maria Antònia Salvà: a teacher was sent to take over the sixth-grade tutoring role, which had initially been granted to Roldán, who was assigned support duties, always accompanied. The Son Sardina families considered this insufficient.