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NOVA settles out of court

 
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seanmcginty



Joined: 27 Sep 2005
Posts: 203

PostPosted: Sun Dec 11, 2005 12:42 am    Post subject: NOVA settles out of court Reply with quote

Thought this was interesting, NOVA forked over 400,000 to an ex teacher for wrongfully disciplining him over associating with a student:

http://www.japantoday.com/e/?content=news&cat=2&id=358023

Seems like a really antiquated rule they've got. Look forward to seeing it scrapped.
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canuck



Joined: 11 May 2003
Posts: 1921
Location: Japan

PostPosted: Sun Dec 11, 2005 3:44 am    Post subject: Reply with quote

Read the article. No real insight...however, what a bunch of jokers replying underneath the article on the Japan Today page..... Rolling Eyes
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sethness



Joined: 28 Feb 2005
Posts: 209
Location: Hiroshima, Japan

PostPosted: Tue Dec 20, 2005 10:10 am    Post subject: Yes and no. Reply with quote

I for one think NOVA goes too far in keeping students and teachers apart, but there're some semi-valid reasons for it, and some history you should be aware of.

Firstly, consider that NOVA is worried that teachers may offer private lessons to their students...lessons that are cheaper than NOVA's extortionate tuition rates. Why should the student buy lessons from NOVA, when a little socializing with the teacher can mean discounted secret lessons, or...better yet... free chances to practice English !

Secondly, I've heard that a few years ago, there was a scanadal when a NOVA teacher was discovered to have been dealing drugs (at parties, etc.) to his students. Nova's anxious to avoid that kind of bad press.

Thirdly, NOVA has an extremely high turnover (average foreigner teaches for them for only 6 months before quitting... going to another school or running home). Nova's also not much interested in hiring the top-of-the-line teachers. I've seen them actively hire people who didn't know what a verb was, but avoid hiring a guy with a master's in education. Add this to the fact that teachign English in Japan is quite commonly the first job for a lot of flaky foreigners, and you have a recipe' for trouble. I mean, many EFL teachers may simply not have the maturity to handle a romance or friendship with a student. This is worsened by the fact that NOVA tends to hire from foreign countries, and hires people who don't yet speak Japanese at all..then crams these teachers into apartments with 2 or 3 other teachers. So...the teachers are suffering from loneliness, anomy, and homesickness. A bit whacked out.

Fourth, consider the other classmates. They may feel that they're paying the same fees, but getting less attention compared to the "teacher's pet."

Fifth, consider the problem of friendship or romance ENDING. Students may quit a school, simply to avoid a teacher they're no longer fond of.

Sixth, students can be unwelcome aggressors too. I've been hit-on by a grandma almost twice my age...and was quite happy to have a rule as an excuse to rebuff her. I've also heard nightmare stories about married, immature, or otherwise unattractive students hitting on teachers

Keeping all this in mind, NOVA's rule makes a bit of sense.

I've seen the rules handled differently, in other schools... in some schools, you're only allowed to date or befriend a student if that student agrees to move to a class that you're not teaching. In other schools, all forms of friendship and romance are actively encouraged, giving the school an "edge" by offering the teachers' free time as "free English practice" and a good ad for the company. In still other schools, friendship's OK but not romance.

And so on.

It's difficult to know what the right rule should be. What's right... may depend very much on what sort of teachers & students are in the school, when the boss is deciding the rules.
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canuck



Joined: 11 May 2003
Posts: 1921
Location: Japan

PostPosted: Tue Dec 20, 2005 11:27 am    Post subject: Re: Yes and no. Reply with quote

sethness wrote:
I for one think NOVA goes too far in keeping students and teachers apart, but there're some semi-valid reasons for it, and some history you should be aware of.

Firstly, consider that NOVA is worried that teachers may offer private lessons to their students...lessons that are cheaper than NOVA's extortionate tuition rates. Why should the student buy lessons from NOVA, when a little socializing with the teacher can mean discounted secret lessons, or...better yet... free chances to practice English !

Secondly, I've heard that a few years ago, there was a scanadal when a NOVA teacher was discovered to have been dealing drugs (at parties, etc.) to his students. Nova's anxious to avoid that kind of bad press.

Thirdly, NOVA has an extremely high turnover (average foreigner teaches for them for only 6 months before quitting... going to another school or running home). Nova's also not much interested in hiring the top-of-the-line teachers. I've seen them actively hire people who didn't know what a verb was, but avoid hiring a guy with a master's in education. Add this to the fact that teachign English in Japan is quite commonly the first job for a lot of flaky foreigners, and you have a recipe' for trouble. I mean, many EFL teachers may simply not have the maturity to handle a romance or friendship with a student. This is worsened by the fact that NOVA tends to hire from foreign countries, and hires people who don't yet speak Japanese at all..then crams these teachers into apartments with 2 or 3 other teachers. So...the teachers are suffering from loneliness, anomy, and homesickness. A bit whacked out.

Fourth, consider the other classmates. They may feel that they're paying the same fees, but getting less attention compared to the "teacher's pet."

Fifth, consider the problem of friendship or romance ENDING. Students may quit a school, simply to avoid a teacher they're no longer fond of.

Sixth, students can be unwelcome aggressors too. I've been hit-on by a grandma almost twice my age...and was quite happy to have a rule as an excuse to rebuff her. I've also heard nightmare stories about married, immature, or otherwise unattractive students hitting on teachers

Keeping all this in mind, NOVA's rule makes a bit of sense.

I've seen the rules handled differently, in other schools... in some schools, you're only allowed to date or befriend a student if that student agrees to move to a class that you're not teaching. In other schools, all forms of friendship and romance are actively encouraged, giving the school an "edge" by offering the teachers' free time as "free English practice" and a good ad for the company. In still other schools, friendship's OK but not romance.

And so on.

It's difficult to know what the right rule should be. What's right... may depend very much on what sort of teachers & students are in the school, when the boss is deciding the rules.


You are obviously new to Japan. Give your head a shake for a second. Your school can't tell you what to do on your free time. It's not difficult to know what the right rule should be. There are hundreds of English schools in Japan that don't have a socialization rule in their contracts. In fact, many school encourage meetings where students can spend time with teachers...ever heard of a party? Many schools have them with and it's a huge success. Under Nova's rules, if you see a student from your branch at a bar, you should leave the bar. Rolling Eyes

It's an illegal clause.

The drug issue that almost brought down Nova happened more than "a few years ago."
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PAULH



Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan

PostPosted: Tue Dec 20, 2005 12:22 pm    Post subject: Reply with quote

secondly the antifraternisation clause is not an anti-dating clause. Its a clause which prevents you meeting with ANY student of EITHER gender of any age outside work hours. So if a sixty year old married couple invites you to their house for dinner you have to say no under the NOVA rules.

Second. people have been fired under the rule because fiances and girlfriends became NOVA students at different branches and the teacher lost his job (he was soon reinstated with back pay). It meant you could NOT meet or socialise with your fiance because NOVA doesnt allow it though she was your fiance before she started at NOVA.

The Osaka Bar Association disallowed the drug testing policy in 2001 but its still on NOVAs books as they won't admit a legal defeat. No one has been tested for drugs by NOVA since 1996.

I will add that a teacher was arrested for possessing marijuana at home. If a teacher was handing out joints at a party you would have the drug squad and everyone in the room detained by the police and questioned as to who owns it. Parents informed and major egg on NOVA's face. Drug use and possession is ILLEGAL in Japan and punishable by imprisonment. teachers with drugs are automatically fired. Doing drugs is STUPID. Dating students in not illegal in Japan.



PS there is a difference between something being a company policy and something being "illegal" under Japanese law. A rule is not the same as a law.

the drug policy is not legal as its not a state law. It is unconstitutional as its aimed at foreign nationals not Japanese so its therefore discriminatory. There are no specific laws barring discrimination against foreigners in Japan though.


NOVA can put what it likes in its contract but its up to new teachers to know which clauses are legal under the Labor standards law and which ones they will obey. They can not fire you for disobeying a rule based on a law which is not legal in the first place.
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gaijinalways



Joined: 29 Nov 2005
Posts: 2279

PostPosted: Tue Dec 20, 2005 3:29 pm    Post subject: Nova Reply with quote

I thought Nova had improved its retention a little, to 9 months. Their rules for socializing with students are antiquated and of course illegal. Many other schools, of course, try to stop you from poaching students for your own privates, but only Nova tries to stop you having fun outside the school (surprising too, as many of the top people in Nova have ex-students as wives!).
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